In today’s uncertain times, the importance of preparing for unforeseen health complications cannot be overstated. The vulnerability of not just the elderly and those with weakened immune systems but potentially anyone to severe health issues has highlighted the critical need for advance healthcare directives, such as living wills. Including a living will in your estate plan simplifies these difficult choices, providing clear instructions for your healthcare preferences when you may not be able to express them yourself.
Regardless of whether you’re a millennial just starting a family or someone who has accumulated significant assets over your lifetime, beginning the estate planning process is a step toward safeguarding your future and easing the burden on your family during difficult times.
If you’re contemplating whether it’s the right time to draft a living will, consider consulting with a knowledgeable Houston estate planning attorney from The Law Office of Whitney L. Thompson, PLLC. Our experienced legal team can guide you through creating a comprehensive plan that ensures your wishes are respected and your loved ones are cared for, no matter what the future holds. Contact us today at (281) 214-0173 to schedule a consultation.
Living Wills: Explained
Living wills are legal documents that allow an individual to express their wishes regarding end-of-life medical care. A living will, unlike a regular will, takes effect while the individual is alive and becomes null after the individual passes away.
The living will can be used to cover a variety of medical treatment options and specify which ones the individual would prefer and which ones they would not want to have. Although most living wills include palliative care for pain relief and other treatment options, each person must consider whether they prefer to receive any other types of treatment.
A living will also needs to address the issue of “extraordinary care,” which refers to any medical treatment that an individual considers beyond their preferred level. Living wills are often used to specify preferences regarding life support and resuscitation, as well as other life-sustaining procedures.
Speaking to an experienced Houston estate planning lawyer can help you plan for the future of your loved ones more efficiently. A skilled attorney can explain how a living will can work for you. To schedule a consultation, contact the Law Office of Whitney L. Thompson, PLLC today.
Legal Requirements for Enforcing a Living Will
To enforce a living will in Texas, certain legal criteria must be met to ensure that it is recognized as valid and actionable. The person creating the living will, often referred to as the principal, must be at least 18 years old or legally emancipated. It is crucial that the principal has the mental capacity to make informed healthcare decisions, meaning they must fully understand the implications of their medical choices.
The document must be signed in the presence of two competent adult witnesses who meet specific requirements. One of the witnesses cannot be a relative by blood, marriage, or adoption, nor can they stand to inherit from the principal’s estate. Healthcare providers directly involved in the individual’s care are also disqualified from acting as witnesses. As an alternative to witness signatures, the living will may be notarized.
For the living will to be activated, the principal must be diagnosed with a terminal or irreversible condition as defined under Texas law. A terminal condition means that the individual is expected to die within six months due to the illness, according to reasonable medical judgment. An irreversible condition is one from which the individual will not recover and that will eventually result in death, though not necessarily within six months.
Before the living will can influence medical treatment decisions, two physicians must confirm that the principal is unable to make medical decisions for themselves and that they are suffering from the medical conditions stipulated in the living will. This dual certification is essential for the living will to be executed according to the principal’s wishes.
Having a Living Will Protects Your Wishes in an Emergency
The primary reason for having a living will is to guide your family and your doctors in case you lose the ability to communicate. A probate and estate attorney can help you draft the document so that it covers as many different scenarios as you would like. While we don’t usually want to think about it, anything can happen to anyone at any time. It’s best to make your wishes known and to make them legally enforceable.
Having a Living Will Can Reduce Hospital Costs for Your Family
One scenario in which a living will is essential is if, for some reason, you fall into a coma or a vegetative state. It may not seem right to consider the cost of keeping someone alive in such a situation, but this is a reality for many families with loved ones in this condition. The hospital and healthcare costs associated with life support and round-the-clock care can become unmanageable. With a living will, you can stipulate exactly what you want to happen if you become incapacitated, thus relieving your loved ones of the burden of making this difficult decision.
Having a Living Will Can Prevent Arguments between Family Members
Disagreement between family members is common when a loved one is incapacitated. I’ve seen it plenty of times as a probate and estate attorney. It’s understandable—they are making what could be a life-and-death decision about someone they love. If you were in that situation, you would probably fight for what you think is right, and that’s not always going to align with what others in your family believe is best.
If you want to save your family the stress of making an impossible decision about your care when they should be focusing on coming together to weather the storm, you need a living will as part of your estate plan.
| Key Benefit | Explanation | Impact |
|---|---|---|
| Protects Your Wishes in an Emergency | Ensures your medical preferences are followed if you cannot communicate. | Gives doctors and family clear guidance, avoiding uncertainty. |
| Reduces Hospital Costs for Family | Specifies medical care preferences, including life support decisions. | Prevents excessive medical expenses and financial strain on loved ones. |
| Prevents Family Disputes | Provides legally enforceable instructions to avoid conflicts. | Reduces stress and arguments among family members in critical situations. |
Get Help from a Probate and Estate Attorney Today
A living will is a crucial document that ensures your healthcare preferences are respected and followed in times when you may not be able to express them yourself. Whether it’s deciding on life-sustaining treatments or addressing pain management and comfort care, a living will speaks for you, providing clear instructions and peace of mind for your loved ones. The guidance of a probate and estate attorney can be invaluable in drafting a living will that accurately reflects your wishes and complies with state laws, helping to ensure that it remains legally sound when needed most.
At The Law Office of Whitney L. Thompson, PLLC, we understand the importance of preparing for the future with compassion and precision. Our experienced Houston estate planning attorneys are dedicated to helping you create a living will that protects your wishes and provides clarity and comfort to your family during challenging times. Contact us today at (281) 214-0173 to learn more about how we can assist you with your estate planning needs.
